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DECISION No. 795/2004/QD-BKH OF JULY 27, 2004 AUTHORIZING HA TAY PROVINCE’S INDUSTRIAL PARKS MANAGEMENT BOARD TO FORMULATE PROJECTS; RECEIVE AND APPRAISE PROJECT DOSSIERS; GRANT, ADJUST AND WITHDRAW INVESTMENT LICENSES, AND MANAGE ACTIVITIES OF FOREIGN-INVESTED PROJECTS IN INDUSTRIAL PARKS AND EXPORT-PROCESSING ZONES

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;

Pursuant to the Government's Decree No. 24/2000/ND-CP of July 31, 2000 detailing the implementation of the Law on Foreign Investment in Vietnam and Decree No. 27/2003/ND-CP of March 19, 2003 amending and supplementing a number of articles of the Government's Decree No. 24/2000/ND-CP;

Pursuant to the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, promulgated together with the Government's Decree No. 36/CP of April 24, 1997;

Pursuant to the Government's Decree No. 61/2003/ND-CP of June 6, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister's Decision No. 233/1998/QD-TTg of December 1, 1998 on decentralized and authorized licensing of foreign direct investment projects;

Pursuant to the Prime Minister's Decision No. 49/2003/QD-TTg of April 14, 2003 establishing Ha Tay province's Industrial Parks Management Board;

At the proposal of the People's Committee of Ha Tay province in Official Dispatch No. 2905 CV/UB-NV of July 14, 2004,

DECIDES:

Article 1.-

1. Ha Tay province's Industrial Parks Management Board (hereinafter called the Management Board) shall act as the main body in guiding foreign investors to invest in industrial parks and export-processing zones, which operate under the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, promulgated together with the Government's Decree No. 36/CP of April 24, 1997, in Ha Tay province.

Investment projects' dossiers shall be compiled under the Planning and Investment Ministry's guidance.

2. To authorize the Management Board to receive and appraise project dossiers; grant, adjust and withdraw investment licenses, and manage activities, of foreign projects for investment in the industrial parks and export-processing zones prescribed in this Decision.

Article 2.- To be licensed by the authorized Management Board, investment projects must meet the following conditions:

1. Being in line with the industrial park or export-processing zone plannings and charters already approved by competent authorities.

2. Being industrial or industrial-service projects with investment capital of up to USD 40 million each, excluding group-A projects prescribed in Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and supplemented and amended in Clause 26, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003.

3. Having equipment, machinery and technologies satisfying the current regulations; in case of non-satisfaction, they must be approved by competent State agencies managing relevant econo-technical branches.

4. Meeting the requirements on environmental protection, labor safety as well as fire and explosion prevention and fighting.

Article 3.- The investment licensing according to the process of registration for investment licensing or the process of investment licensing appraisal shall be considered by the Management Board in close coordination with the provincial Service of Planning and Investment and local functional agencies according to the provisions of Articles 104, 105, 106, 107 and 108 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which have been supplemented and amended in Clauses 22 and 23, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003.

The Management Board shall have to elaborate a Regulation on working coordination with local functional agencies, submit it to the People's Committee of Ha Tay province for approval, and notify the Ministry of Planning and Investment thereof.

Article 4.-

1. The Management Board shall appraise and decide by itself the licensing of the following investment projects:

- Export-processing enterprises with the investment capital of up to USD 40 million each;

- Industrial production or industrial-service enterprises with the investment capital of up to USD 5 million each and meeting the conditions prescribed in Article 2 of this Decision.

2. The time limit for the Management Board to appraise and license an investment project is 15 working days after receiving the project dossier, excluding the time for the investor to amend or supplement the dossier of application for investment license at the Management Board’s request.

All requests of the Management Board to investors for amendment and/or supplementation of the dossiers of application for investment licenses or adjusted licenses shall be made within 7 working days after the project dossiers are received.

3. For investment projects not defined in Clause 1 of this Article, before making decisions, the Management Board shall have to send the projects' summaries to the Ministry of Planning and Investment, and consult the concerned ministries and/or branches on issues falling under their respective competence.

The ministries and branches which are consulted on the projects, even on adjustment of investment licenses, shall have to give their written replies within 7 working days after receiving the project dossiers; if past the above-said time limit, they do not give their written opinions, they shall be deemed to approve the projects.

Article 5.- Investment licenses shall be compiled according to a form set by the Ministry of Planning and Investment.

Within 7 working days after granting investment licenses or adjusted licenses, the Management Board shall send such investment licenses or adjusted licenses (the originals) to the Ministry of Planning and Investment and the People's Committee of Ha Tay province, as well as the Ministry of Finance, the Ministry of Trade, the ministries managing econo-technical branches and relevant State management agencies (copies).

Article 6.- For investment projects which the Management Board is not authorized to license, after receiving the project dossiers, the Management Board shall keep one dossier set (copies) and transfer all remaining sets, enclosed with its comments on the projects, to the Ministry of Planning and Investment for appraisal and licensing according to the provisions of Articles 109 and 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and the Government’s Decree No. 27/2003/ND-CP of March 19, 2003.

Article 7.-

1. The Management Board shall guide investors in executing their projects and perform the State management over activities in industrial parks and export-processing zones according to the provisions of the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Government's Decree No. 36/CP of April 24, 1997.

2. The Management Board shall adjust investment licenses for investment projects under its licensing competence within the authorized investment capital limit.

3. Cases where the Management Board shall decide with the agreement of the Ministry of Planning and Investment:

- The investment capital amount exceeds the authorized limit due to adjustment of investment licenses; the objectives of the projects on the list of those subject to conditional investment are changed or added.

- The legal capital of the Vietnamese parties to joint ventures reduces, or joint ventures are transformed into enterprises with 100% foreign investment capital.

- Foreign-invested enterprises are dissolved or cooperation business contracts terminate ahead of time.

4. The Management Board shall decide on the dissolution of enterprises and withdraw investment licenses according to current regulations.

Article 8.- Quarterly, biannually and annually, the Management Board shall sum up the investment licensing and adjustment of investment licenses as well as activities of enterprises in the industrial parks and export-processing zones under its management and send reports thereon to the Ministry of Planning and Investment and the People's Committee of Ha Tay province.

Article 9.- The Ministry of Planning and Investment shall create all favorable conditions for, and examine the performance of authorized tasks by, the Management Board strictly according to regulations, and be answerable to law and the Government for the authorization prescribed in this Decision.

Article 10.- This Decision takes effect 15 days after its publication in the Official Gazette.

Minister of Planning and Investment
VO HONG PHUC